Haji Abdul Karim VS CDA and others

ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

JUDICIAL DEPARTMENT

W.P. NO: 1979/2014

HAJI ABDUL KARIM ETC VS CDA, ETC

Serial No. of Date or order of order of Order with signatures of judge, and that of parties or counsel, where necessary. proceedings proceeding.

25.4.2014 Mr. Saeed Khurshid Ahmad, Advocate.

Petitioner assails notice of the respondent/CDA whereby he was directed to immediately stop the construction work and remove the violations within 24 hours from the date of its issuance. According to the contents of impugned notice, the petitioner was found committing the violations of the Islamabad Building Regulations/Islamabad Residential Sector Zoning [Building Control Regulation, 2005] i.e admission or alteration without approval of plans by assessment plus ground floor , plus second floor , plus 3rd floor, dumping of building material on CDA land/road, footpath going into non-confirmity use by confirming use by controverting commercial plaza into hotel.

He moved an application dated 27.12.2012 to the authority and sought permission for change of trade of Chughtai Plaza. He also submitted an application on 19.3.2013, but the matter remained in active till mid of this month whereafter the impugned notice was issued.

According to petitioner, his petition is pending before the respondent-authority, therefore, in presence of alternate remedy, no further proceedings in this petition are warranted. It is thus disposed-of with direction to the respondent- authority to decide the pending application dated 27.12.2012 of the petitioner within 15 days, strictly in accordance with law on the subject after giving due audience to the petitioner under intimation to this Court.

(CHIEF JUSTICE)

Saeed Akhtar